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Charter s. 11(b) application dismissed; net delay fell below 18-month ceiling after deducting defence delay.
The applicant, charged with intimate partner violence offences, brought an application for a stay of proceedings under s. 11(b) of the Charter, alleging unreasonable delay.
The total delay was 19.5 months, exceeding the 18-month presumptive ceiling.
The court deducted defence delay for scheduling delays and apportioned delay for the applicant's unavailability for earlier offered trial dates, bringing the net delay to 15.2 months.
Finding the net delay below the presumptive ceiling and no grounds for a sub-ceiling stay, the court dismissed the application.
